BILL NUMBER: SB 762	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 27, 2009

   An act to amend Section 460 of the Business and Professions Code,
relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 762, as introduced, Aanestad. Professions and vocations:
healing arts.
   Existing law makes it unlawful for a city or county to prohibit a
person, authorized by one of the agencies of the Department of
Consumer Affairs to engage in a particular business, from engaging in
that business, occupation, or profession or any portion thereof.
   This bill would also make it unlawful for a city, county, or city
and county to prohibit a healing arts licensee from engaging in any
act or performing any procedure that falls within the professionally
recognized scope of practice of that licensee, but would prohibit
construing this provision to prohibit the enforcement of a local
ordinance effective prior to January 1, 2010, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 460 of the Business and Professions Code is
amended to read:
   460.   (a)    No city or county shall prohibit a
person  or group of persons  , authorized by one of the
agencies in the Department of Consumer Affairs by a license,
certificate, or other such means to engage in a particular business,
from engaging in that business, occupation, or profession or any
portion thereof.  Nothing in this section shall prohibit any
city or county or city and county from levying a business license tax
solely for revenue purposes nor any city or county from levying a
license tax solely for the purpose of covering the cost of
regulation.  
   (b) No city, county, or city and county shall prohibit a healing
arts professional licensed with the state under Division 2
(commencing with Section 500) from engaging in any act or performing
any procedure that falls within the professionally recognized scope
of practice of that licensee. This subdivision shall not be construed
to prohibit the enforcement of a local ordinance effective prior to
January 1, 2010, related to any act or procedure that falls within
the professionally recognized scope of practice of a healing arts
professional licensed under Division 2 (commencing with Section 500).

   (c) Nothing in this section shall prohibit any city, county, or
city and county from levying a business license tax solely for
revenue purposes, nor any city or county from levying a license tax
solely for the purpose of covering the cost of regulation.